PIP – WHEN IT COVERS YOU AND MORE IMPORTANTLY WHEN IT DOES NOT

car wreck accident south florida miami personal injury

I was hurt on a motorcycle am I entitled to PIP coverage? Considering that injuries to motorcycle riders in accidents are more likely to be of greater severity, this puts the rider at great risk of both financial and physical trauma in the event of a crash.  PIP is not available to motorcycle riders or passengers.

The driver of a car who is injured in a crash can sue for damages over and above the maximum on his PIP if medical bills exceed that amount. He may also sue for pain and suffering but only if the injury was considered permanent. This permanency threshold rule does not apply to motorcycle riders. The bike rider may seek compensation from the other driver’s insurance company without being required to pass any threshold.  PIP is not available in Florida even if the driver (or passenger) of the motorcycle has PIP coverage on another 4-wheel vehicle.

 

I was hurt while a passenger on a County/City Bus am I entitled to PIP coverage?  The term “motor vehicle” under which would be required to carry PIP (No-Fault Coverage) excludes from its definition buses and taxis used in mass transit.  Under this scenario no PIP would be available.  Medical bills incurred would be payable only through an individual or group health insurance policy or out-of-pocket by the injured party. Of course the threshold requirement in accident cases where PIP benefits are available is no longer an issue in these cases. What that means is there is no requirement that the Plaintiff sustain a permanent injury as defined in §627.737(2)(a-d) as described hereinbelow:

 

(a) Significant and permanent loss of an important bodily function.

(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

(c) Significant and permanent scarring or disfigurement.

(d) Death.

 

In the above scenario the treating medical providers will either bill available health insurance as the treatment plan proceeds or get paid at the conclusion of the case.  There is no coverage even if a passenger has his own PIP coverage.   The good news as that these are treated as “dollar-one” cases.  That simply means that there are no statutory hurdles to overcome.  There is no PIP set-off since there is no PIP coverage.

Many pits and pratfalls regarding the availability of PIP coverage are encountered daily by experienced personal injury attorneys, and, sometimes even they are confounded by the technical applications of PIP coverage.

The best advice we can offer is contact an experienced personal injury firm.  The DRG Law Firm is standing by 24/7 and 365 days a year.  Call us about PIP or any other accident related questions you may have.  Call us – “We are the Problem Solvers” Call us at (888) 413-8353.